Does the rule of unanimity apply to the removal of a case to federal court?

MultiRegion, United States of America

The following excerpt is from American Lender Servicing LLC v. Shokoor, No. 2:12-cv-01483 WBS KJN PS (E.D. Cal. 2012):

3. A general rule referred to as the "rule of unanimity" provides that "all defendants must consent to or join in a removal" of a case to federal court. Atl. Nat'l Trust LLC v. Mt. Hawley Ins. Co., 621 F.3d 931, 933 (9th Cir. 2010); accord Proctor v. Vishay Intertechnology Inc., 584 F.3d 1208, 1225 (9th Cir. 2009); see also 28 U.S.C. 1446(b)(2)(A). Because plaintiff has not raised any defect in removal premised on the rule of unanimity, the undersigned presumes that defendant joined in the removal and does not further address the rule of unanimity.

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